MAN TO APPEAL FINE AND ROAD BAN

AN ARKLOW man who refused to give a breath specimen when stopped by gardaí is to appeal the four-year driving disqualification and €500 fine that was handed down at Arklow District Court last Wednesday.

Brian Byrne of Belmont, 5 School Place, Arklow was charged with commiting the offence on November 13, 2016, at Yellow Lane in Arklow.

Garda Peter McGinley told the court that he stopped the defendant after he saw him pass by the patrol car in a while van and turn onto Abbey Street on the wrong side of the road, narrowly missing a parked car.

He pursued the defendant and pulled his vehicle over at Yellow Lane. After he got a smell of alcohol, Garda McGinley told Byrne that was going to do a breath test and the court heard that the accused refused to take any test but said that he had a valid licence.

The alcohol testing machine was brought down in another patrol car but when the defendant refused to take the test, he was arrested and handcuffed and brought to Arklow Garda Station.

The Garda said that the accused was handcuffed due to his uncooperative behaviour.

In evidence, he said that Byrne later refused to give a breath specimen in the station without his solicitor present and because he said there was a noise coming from the machine.

Solicitor Tom Honan put it to Garda McGinley that it was not him but a colleague, Garda Leanne Kirwan, who dealt with his client on the night and questioned why she had not filed a statement.

Garda McGinley said that he spoke to Byrne and arrested him and dealt with him in the station, not Garda Kirwan, and that was why she did not file any statement.

Mr Honan said that his client refused to give a roadside specimen as that he was not present when Garda Kirwan had fitted the mouthpiece.

In evidence Byrne said that he had been out in Arklow earlier in the day and consumed two pints of alcohol while watching a sports game in the pub.

He said that he stayed to watch a second match but drank water and that he went home but returned to town later that night to give his cousin a lift.

He outlined that he has a medical condition which requires him to be careful what he eats and drinks.

Byrne said that he refused to give a breath specimen in the station due as he feared the machine was not working properly due to a banging noise.

Judge Kennedy ruled against the defendant and imposed the driving ban and fine, which were appealed at the end of the court sitting.